HB 1595 2003
1	CHAMBER ACTION
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6	The Committee on Business Regulation recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
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11	A bill to be entitled
12	An act relating to food safety; creating s. 509.082, F.S.;
13	authorizing the Division of Hotels and Restaurants of the
14	Department of Business and Professional Regulation to
15	establish a best practices program under which certain
16	public food service establishments may be designated as
17	best practices facilities; providing criteria for
18	designation; requiring the department to provide by rule
19	for application for, and renewal and periodic review of,
20	designation as a best practices facility and fees with
21	respect thereto; providing that designation as a best
22	practices facility is not transferable; providing for use
23	of designation; providing a revised schedule of
24	inspections for best practices facilities; providing that
25	division action granting, denying, suspending, or revoking
26	designation as a best practices facility constitutes
27	agency action subject to review; providing nonliability of
28	the division; providing for revocation of designation;
29	providing procedure for revocation and challenge of
30	intention to revoke designation; providing for continued
31	inspection authority of the division; providing rulemaking
32	authority; providing nonseverability; providing an
33	effective date.
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35	WHEREAS, the health of Florida’s citizens and its many
36	visitors from around the world is directly and immediately
37	impacted by the food safety practices employed in Florida’s
38	restaurants, and
39	WHEREAS, world, national, and state health organizations
40	have recognized that the most important single factor in
41	promoting food safety and preventing food-borne illnesses is the
42	education and training of restaurant operators, managers, and
43	employees in safe food handling practices, and
44	WHEREAS, effective state regulation in the area of food
45	safety must concentrate on promoting education and training and
46	motivating the routine use of food safety “best practices” in
47	restaurant operations, and
48	WHEREAS, the enforcement and inspection resources of the
49	Division of Hotels and Restaurants of the Department of Business
50	and Professional Regulation are used more efficiently when
51	utilizing a risk-based focus that correlates inspection
52	frequency to a restaurant's demonstrated commitment to education
53	and training and demonstrated ability to incorporate this
54	education and training into daily operations, NOW, THEREFORE,
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56	Be It Enacted by the Legislature of the State of Florida:
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58	Section 1. Section 509.082, Florida Statutes, is created
59	to read:
60	509.082 Best practices program for public food service
61	establishments.--
62	(1) To promote the responsible and safe service of food
63	and alcoholic beverages by public food service establishments
64	and to help the public identify those establishments that have
65	demonstrated a firm commitment to responsible and safe service,
66	the Legislature hereby authorizes the division to develop and
67	implement a best practices program for public food service
68	establishments and to adopt rules for that purpose.
69	(2) Public food service establishments must meet the
70	following criteria to receive division designation as a best
71	practices facility under this program, which may be further
72	specified by division rule:
73	(a) Train and certify all food service managers pursuant
74	to s. 509.039.
75	(b) Train all food service employees pursuant to s.
76	509.049.
77	(c) Train all servers of alcoholic beverages, if any, and
78	their managers pursuant to s. 561.705.
79	(d) Demonstrate sustained active managerial control of
80	risk factors known to cause or contribute to food-borne illness
81	as identified by the United States Centers for Disease Control
82	and Prevention. For purposes of this program, sustained active
83	managerial control criteria shall be established by division
84	rule.
85	(3) A public food service establishment may apply to the
86	division for designation as a best practices facility on forms
87	adopted for this purpose by the division. A public food service
88	establishment is eligible to apply for designation as a best
89	practices facility only if it has been licensed and operating
90	for 12 months and may apply only once during any 12-month
91	period.
92	(4)(a) The division shall establish by rule the
93	application and renewal process and periodic review process
94	required to attain and maintain designation as a best practices
95	facility. The designation of a public food service establishment
96	as a best practices facility is not transferable to any other
97	licensee, except when an existing public food service
98	establishment is being relicensed in the name of an entity
99	related to the current licensee by common ownership or control.
100	(b) The division shall establish by rule a fee for the
101	cost of the application and renewal process. Such fee shall not
102	exceed $75 for each initial application and each subsequent
103	renewal.
104	(5)(a) Public food service establishments designated as
105	best practices facilities may use this designation in their
106	advertising and marketing as long as the designation remains in
107	good standing.
108	(b) The division shall adopt a revised schedule of
109	inspections for public food service establishments designated as
110	best practices facilities. Such an establishment shall receive
111	two routine inspections per year as long as the designation
112	remains in good standing.
113	(c) The division may consider designation as a best
114	practices facility in determining any fine or penalty imposed
115	pursuant to this chapter.
116	(6)(a) Designation as a best practices facility shall not
117	be considered a license for purposes of chapter 120, but
118	division action granting, denying, suspending, or revoking such
119	designation shall constitute agency action subject to review
120	under chapter 120 as specified in subsection (7).
121	(b) In no event may the division be held liable for any
122	damages resulting from division action granting, denying,
123	suspending, or revoking an establishment’s designation as a best
124	practices facility.
125	(7)(a) A public food service establishment’s designation
126	as a best practices facility may be revoked if the division
127	determines the establishment has failed to maintain any of the
128	requirements for designation as established by division rule. If
129	the division decides to take action to revoke a public food
130	service establishment’s designation as a best practices
131	facility, the division shall notify the establishment in writing
132	of its intention to revoke the designation and the grounds for
133	revocation.
134	(b) If the establishment does not timely file a petition
135	pursuant to chapter 120 to challenge the division’s intended
136	revocation of the designation, the designation shall be deemed
137	revoked by operation of law.
138	(c) Upon notification pursuant to paragraph (a), and
139	during the pendency of any proceedings under chapter 120
140	challenging the division’s intended revocation of a best
141	practices facility designation, the designation shall be deemed
142	suspended by operation of law, the establishment must cease all
143	advertising or marketing using the best practices designation,
144	and the division may schedule the establishment for three
145	routine inspections per year.
146	(8) Notwithstanding designation as a best practices
147	facility, the division retains full authority under this chapter
148	to inspect any public food service establishment in response to
149	a documented public complaint or to a suspected outbreak of
150	food-borne illness and to reinspect any public food service
151	establishment facility to determine if violations identified in
152	a previous inspection have been corrected.
153	(9) Designation as a best practices facility shall remain
154	valid for 3 years, unless sooner revoked.
155	(10) The division may adopt rules pursuant to ss.
156	120.536(1) and 120.54 as necessary to administer this section,
157	including specific criteria for best practices designation, the
158	application and renewal process, the frequency of review and
159	review procedure for maintaining designation, the nature and
160	frequency of violations constituting grounds for revocation of
161	designation, and rules necessary for administration and
162	enforcement.
163	Section 2. In the event that a court of competent
164	jurisdiction determines any of the provisions of this act to be
165	unconstitutional, it is the intent of the Legislature that all
166	of the provisions contained in this act shall be null and void.
167	To this end, the Legislature declares that it would not have
168	enacted any of the provisions of this act individually and, to
169	that end, expressly finds them not to be severable.
170	Section 3. This act shall take effect upon becoming a law.